| 1 | 1 | | 88R13154 SHH-F |
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| 2 | 2 | | By: Garcia H.B. No. 3376 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to psychological and physical examinations required to |
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| 8 | 8 | | obtain a license issued by the Texas Commission on Law Enforcement. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 1701.306, Occupations Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 1701.306. PSYCHOLOGICAL AND PHYSICAL EXAMINATION. (a) |
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| 13 | 13 | | In this section: |
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| 14 | 14 | | (1) "Mental health professional" means a: |
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| 15 | 15 | | (A) psychologist licensed under Chapter 501; |
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| 16 | 16 | | (B) psychiatrist licensed under Subtitle B, |
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| 17 | 17 | | Title 3; or |
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| 18 | 18 | | (C) person licensed under Subtitle I, Title 3, |
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| 19 | 19 | | other than a person described by Paragraph (A), who holds a doctoral |
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| 20 | 20 | | degree from an accredited institution of higher education in the |
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| 21 | 21 | | field in which the person is licensed. |
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| 22 | 22 | | (2) "Physician" means a person licensed under Subtitle |
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| 23 | 23 | | B, Title 3. |
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| 24 | 24 | | (a-1) The commission may not issue a license to a person |
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| 25 | 25 | | unless the person is examined by: |
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| 26 | 26 | | (1) a mental health professional [licensed |
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| 27 | 27 | | psychologist or by a psychiatrist] who declares in writing that the |
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| 28 | 28 | | person is in satisfactory psychological and emotional health to |
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| 29 | 29 | | serve as the type of officer for which a license is sought; and |
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| 30 | 30 | | (2) a [licensed] physician who declares in writing |
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| 31 | 31 | | that the person does not show any trace of drug dependency or |
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| 32 | 32 | | illegal drug use after a blood test or other medical test. |
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| 33 | 33 | | (b) An agency hiring a person for whom a license is sought |
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| 34 | 34 | | shall select the examining physician and the examining mental |
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| 35 | 35 | | health professional [psychologist or psychiatrist]. The agency |
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| 36 | 36 | | shall prepare a report of each declaration required by Subsection |
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| 37 | 37 | | (a-1) [(a)] and shall maintain a copy of the report on file in a |
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| 38 | 38 | | format readily accessible to the commission. A declaration is not |
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| 39 | 39 | | public information. |
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| 40 | 40 | | (c) The commission shall adopt rules that: |
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| 41 | 41 | | (1) relate to appropriate standards and measures to be |
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| 42 | 42 | | used by a law enforcement agency in reporting the declarations made |
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| 43 | 43 | | under Subsection (a-1) [(a)]; and |
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| 44 | 44 | | (2) provide for exceptional circumstances in the |
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| 45 | 45 | | administration of the examination of the applicant's psychological |
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| 46 | 46 | | and emotional health, including permitting the examination to be |
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| 47 | 47 | | made by a qualified [licensed] physician instead of a mental health |
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| 48 | 48 | | professional [psychologist or psychiatrist]. |
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| 49 | 49 | | (d) The commission may order an applicant to submit to an |
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| 50 | 50 | | examination described by Subsection (a-1) [(a)] by a mental health |
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| 51 | 51 | | professional [psychologist, psychiatrist,] or physician appointed |
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| 52 | 52 | | by the commission if the commission: |
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| 53 | 53 | | (1) has cause to believe that a law enforcement agency |
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| 54 | 54 | | failed to follow commission rules relating to an examination; or |
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| 55 | 55 | | (2) discovers that the applicant has submitted a false |
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| 56 | 56 | | declaration. |
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| 57 | 57 | | SECTION 2. The changes in law made by this Act to Section |
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| 58 | 58 | | 1701.306, Occupations Code, apply to a license for which an |
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| 59 | 59 | | application is filed under Chapter 1701, Occupations Code, on or |
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| 60 | 60 | | after the effective date of this Act. An application for a license |
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| 61 | 61 | | filed under Chapter 1701, Occupations Code, before the effective |
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| 62 | 62 | | date of this Act is governed by the law in effect on the date the |
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| 63 | 63 | | application was filed, and the former law is continued in effect for |
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| 64 | 64 | | that purpose. |
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| 65 | 65 | | SECTION 3. This Act takes effect September 1, 2023. |
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